Information Commissioner's Office

Wirral Metropolitan Borough Council

29 September 2014, Local government (Borough council)

The complainant has requested information from Wirral Metropolitan Borough Council (“the council”) about business trips to Halifax by senior council officers in the preceding three years. The council responded that some of the requested information was not held, and that to provide the remainder would exceed the appropriate limit in costs set by section 12(1) of the Freedom of Information Act (“the FOIA”). The Commissioner’s decision is that further information is likely to be held. He has further concluded that the council has failed to provide sufficient evidence for the application of section 12(1), and that it has breached the requirement of section 16(1) by failing to provide advice and assistance to the complainant. In failing to provide its response within the time for compliance, the council has also breached the requirement of section 10(1). The Commissioner requires the council to take the following steps to ensure compliance with the legislation: for parts 1 and 2 of the request, complete its searches for information and issue a response to the complainant; for parts 3, 4 and 5 of the request, issue a response to the complainant that does not rely upon section 12(1).

FOI 10: Upheld FOI 12: Upheld